Loading...
HomeMy WebLinkAboutContracts & Agreements_16-1970TO: R. P. Merritt, Jr. FROM: E. F. Lowry DATE: April. 27, 1970 SUBJECT: Greenspot Domestic Water. There are some 17 parcels of land in the Greenspot area that have a severe water problem. A brief history of the situation is required. Prior to the construction of the old filter plant in 1925, they used the flowing water from the tunnel as their domestic supply. Since this was part of the water committed by court decree to the Greenspot area, there was never any charge. When the old filter plant was built in 1926, the dirty backwash water from the plant mingled with the Greenspot water and rendered that water unsuitable for domestic use. An agreement was reached at that time that the City would continue to dispose of wash water to Greenspot if a separate line was laid from the filter plant for domestic water. This line was a cooperative effort. The Greenspot people paid for the material and the City furnished the labor. Still no charge was made since it was considered part of the committed water. The flood water of February, 1969 rendered the old filter plant useless and also washed away the old domestic line. Since then they have been without regular domestic water except that which they borrow from time to time from a neighbors well. They look to the City to restore their domestic supply and have retained legal counsel to advance their claim based on the record of service from the City this past 45 years. Negotiations over the past six months have resulted in a compromise solution wherein they may be permanently connect- ed to the City`s regular domestic water system. The proposed solution is to install a water line in Garnet Avenue from Mill Creek Road north to Florida Avenue. The domestic users are to pay for the cost of materials which is estimated to be $7,500.00 over a ten year period included in their water bill. The City would furnish the labor to R. P. Merritt, Jr. -2- _ April 27, 1970 install the line and is estimated to be $7,000.00. The users agree to put their connections under the normal City ordinances governing water service and for the first time pay the regular domestic rates provided they be at the inside City rates. The City would install 4-inch meters on the existing laterals. The Greenspot users are happy with this compromise and I feel it is a fair and realistic one considering the history of the area. For this reason I would recommend that the City Council execute the 16 contracts from the individual property owners setting forth these conditions and formaliz- ing the agreement. A sample copy of the identical contracts is attached. 0 ml Att . r A G R E E M E N T This agreement is made as of the date shown at the end hereof by and between. the City of Redlands, hereinafter called "City" and the person or persons designated as "Owner" at the end hereof. Owner is the owner of certain real property described in Exhibit "A" attached hereto, which description is hereby incorporated herein by reference. For a period of approximately forty (40) years, domestic water service has been made available to certain. properties (mostly of a residential nature) in the vicinity of Owner's property, through a distribution system owned in part by owner, receiving water from certain facilities commonly known as the City of Redlands old filter plant. The City has not maintained the distribution system from which water has been received by the Owner. The precise nature of the rights and obligations of the persons involved has been a subject of dispute, and it is desired to provide for the settlement of such dispute by the extension of the existing city service facili- ties to the area heretofore served by the said distribution system and the partial reimbursement of the City by Owner and others similarly situated upon the terms and conditions hereinafter set forth. It is contemplated by the parties hereto that other agree- ments identical in form will be executed between City and so others similarly situated to Owner and that such agreements shall be effective concurrently herewith. All persons entering into agreements with City in the form hereof are hereinafter collectively called "System Owners". NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Facilities to be installed: The City will install a 6" line from the present city water facilities at an existing well site approximately 600 feet north of the intersection of Garnet Street and Mentone Boulevard, northerly along Garnet Street for an estimated distance of approximately 3,000 feet to the existing distribution system a point near the intersection of Garnet Street and Newport Road. A line of size determined by the City will further be installed northerly along Garnet Street from the said point approximately 1,600 feet to the intersection of Garnet and Florida. The City will further install 5/8" x 3/4" domestic meters upon the laterals extending to the properties of each of the System Owners. The exact location of the meters shall be at the sole discretion of the City. 2. Financial Arrangements: The City shall be reimbursed by the System Owners for the costs of the pipe and materials used in extending the regular city facilities as aforesaid, but will not be reimbursed for its labor costs. The total cost of materials is agreed to be $7,500.00. Owner shall be responsible for that portion of the reimbursable $7,500.00 computed by dividing such $7,500.00 -2- by the total number of System Owners. Owner shall reimburse the City for the amount for which he is responsible, as so determined, in bi-monthly or other convenient installments in even dollars, over a period of ten (10) years without interest. Promptly upon comple- tion of the installation of the facilities provided for herein, City shall provide Owner with an itemized statement of the amount of the periodic installments required to discharge the said sum. In the event water service from the city is being received by Owner, City shall add the amount of the periodic installments to its billings for water service and shall collect the same with the regular water bill. In the event water service is not being received by Owner, City shall render periodic bills to Owner at the same time as the periodic water bills are sent out or upon such other arrangements as shall be mutually convenient, which billing shall be paid by Owner. Owner may, at any time, prepay all or any part of the amounts due or to become due, and in such event, the amount of the prepayment shall be applied f irst to the payments at the end of the term unless it shall be otherwise agreed. 3. Conditions of Service: Owner agrees that the meter installed under this agreement is to be used only for the existing residence or service on the property described in Exhibit "A" or any replacement residence or service and that any further subdivi- sion of the property described in Exhibit "A" or additional residences on the property are not entitled to water service under this agree- ment, but that any such subsequently created parcels may apply to -3- the City for service under ordinances in effect at the time of application. After installation of the meter, water service shall be governed by the city ordinance prescribing rules and regulations of the water department with the two exceptions that water rates shall be computed at inside city rates and the charge for reimburse- ment of the main extension shall be added to water bills as if it were for water service until full payment has been made. 4. Conve ante of System: Owner hereby quitclaims to City all of his right, title and interest in the portions of the distribution system required by the City to make service to the . System Owners, together with a nonexclusive easement for the main- tenance and operation of said system. Owner reserves title and assumes responsibility for maintenance to that portion of any lateral serving his property beyond the meter placed thereon by City. City hereby accepts said distribution system as a part of its regular city water system. Said distribution system accepted by the City shall be the sole and exclusive property and responsi- bility of the City, and Owner shall have no right to reimbursement in connection with the costs thereof. 5. Successors: This agreement shall run with the land of the Owner and shall be binding upon his heirs and/or assigns in ownership of the property. Upon completion of the payments provided for herein, Owner and his heirs and assigns shall be entitled to a certificate from the City in recordable form acknowledging discharge -4- P of Owner's obligations hereunder. This agreement shall run with the City's water system and shall be binding upon any successors of City in the ownership or operation of City's water system. 6. Effective date: This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATE: ATTEST: STATE OF CALIFORNIA ) } ss COUNTY OF ) Signature of Owner CITY OF REDLANDS By 1970, before me personally appeared , known to me to be the person whose name is/are subscribed to the within instrument, and acknowledged that he executed the same. ( S E A L ) W': Notary Public in and for said County and State ♦ r j„ t c to a certificate from the City in recordable form acknowledging discharge of Owner's obligations hereunder. This agreement shall run with the City's Grater system and shall be binding upon any successors of City in the ownership or operation of Cit,y's water system. b. Effective date: This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: ATTEST: STATE OF CAL COUNTY OF Signature of Owner CITY OF REDLANDS A ) _ i On�1970, before me , C15�e_. l—, personally appeared _ TriZL-1//,/��known to me to be the person whose name is subscribed to the within instrument, and acknowledged that (SEAL) l,e7 executed the same. Notary public in and for said - County and State �' ` �-fi(v/•`W�.+ C` � 7 �L/Y V �+. '�'V I � i! 1` �'`.'/ J �j��`�l J cL� L', �-'r f/ '�i/\+� ,+�Cti+ � � .^/'�'LJ� J 5. to a certificate from the City in recordable form acknowledging discharge of Owner's obligations hereunder. This agreement shall run with the City's water system and shall be binding upon any successors of City in the ownership or operation of City's water systen. G. Effective date; This aCreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: 4 Signature of OvJner CITY OF REDLANDS ATTEST: STATE OF CALIFORNIA ss COUNTY OF On Aprij .IO_ '1970, before rye _Martha E.�Letiais_, Robert K. Schol.ton and personally appeaved _Lois EScholtQ.n _______ known to me to be are the persors -,those namEs tzsubscribed to the within instrument, and acknowledged that they__ executed the same. (SELL) _.urnlu.ti+���-i�+.kl:rt.,:3LKilllln.:ll.uu Lti�elulll.�il5l�•�•.u•:I�uuiSHiU:lSUI�IL'[1 v MARTHA E. LEWIS f - s'w z NOTARY PUBLIC — SAN BERNARDINO COUNTY CALIFORNIA • ai-pellillllllplSitl111lllllllllgylillllpplNtlflEEll3lll!11!ylltti�llY.irtiSlfi:^R1R:: LiRl3 My Commission Expires December 23, 1970 Notary nuhlic in and for said County and State Martha E. Lewis My Commission expires 12-23-70 5. to a certificate from the City in recordable form acknowledging discharge of Owner's obligations hereunder. This agreement shall run with the City's water system and shall be binding upon any successoru of City in the ownership or operation. of City's grater syster. 6, Effective date: This agreement shall become binding and effective between the parties upon its approval and execution by the City, o DATED: f � Signature of Owner CITY OF REDLANDS ATTEST: S`IATE OF CALIFORNIA ) ss COUNTY OF San Bernardino ) _ F On April 4, 1970 _ 1.970 , bef ore me theundersigned_--TV1a.rtins and personally appeared Maria Martins --- --_-_. known to me to be are the persons vihose names isK subscribed to the within instrument; and they ack.no %,ledp;ed that they _ eNecuted the same. (SEAIJ FLORENCE STAUDER NOTARY PUBLIC SAN BERNaRDINO COUNTY CALIFORNIA my Commission Expires Sept. 14., 1972 1 Notary public in and for said County and State to a certificate from the City in recordable form acknowledging discharge of Owner's obligations hereunder. This agreement shall run with the City's water system and shall be binding upon any successors of City in the ownership or operation of City's water system. 6. Effective date: This agreement shall become bindin��; and effective between the parties upon its approval and execution by the City. DATED: „1E Signature Owner CITY OF REDLANDS ATTEST: WITE OF CALIFORNIA ) ss COUNTY OF On 1970, before me �O �r`l Yon - personally appeared known to me to be the person2whose name5in subscribed to the within instrument, and acknowledUed that executed the same. iiot.�r,y p�ibli'c in ; nod for sa c -/7,/.,•- County and State 4 y44ww .tog G--'eVlf1 �1 �'i1�L1r F-�Y S ri FOX NOTARY:-,. LIC•CAL1FORNIA 4,oa„' y asip i ,x; ir.5 i�ov.30,1�/? 1405 E, Chajiman fi: , Oran ;,; lit,r, a! 5• y to a certificate f roo the City in recordable four acknowledging discha.rZe of Owner's obligations hereunder. This agreement shall run with the City's water system and shall be binding upon any successcra of City in the ownership or operation of City's rater system. 6. Effective --date; This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: Signature of OGvne �— CITY OF REDLANDS ATTEST: : STATE OF CAL FOR i Jl ) ss _ COUNTY OF. On C �I7,�-�-� '3 —._ -- 19 7 0, b e f o re me personally appeared �� known to me to be the person whose name is' subscribed to the within instrument, and acknowleQed that ,z�M executed the same. II�Ilrllir111tfili{rllt{E.��lirlll r r.rrrrlr lr..l�ll......{Irl{Irr.=11r{f lllll lll{133[iirrlll{,113 tl{Ilit{I:Et�Ell FL LA VON IFIUSTOM (SEAL NOTARY PUBLIC SAID BERNARDiNO COUNTY _ FIf6h e rin and for CAUFORNiA _ County and State My Commission Expires Augiisz 19, 1973 l EIIIIIIIIII111 tE!lrlrrlrrlrr rr rfrr r ••r r.r� •• •rl '. r rr rrrr.......r ... r err t'. to a certificate from the City in recordable fora acknowledging discharge of Owner's obligations hereunder. This agreement shall run with the City's water system and shall be binding upon any successor: of City in the ownership or operation of City's water system. 5. Effective date. This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: Ic Signature ofOwner----------- CITY OF REDLANDS By- J ATTEST: STATE OF CALIFORNII. } s s COUNTY of �1 On _�j __.. 1970 : before mCf personally appeared -1 _- -_ _ _ . known to me to be U m is su scribed t�' o the within instrument and . the person s�l.o.�e name instrument, 'and that ex6cuted the same. ' Aiotary public in and for said. --_ �� -J County and State MIM MARIE METCALF-iJotary Public -Cal. coy,€. EXP. F+QV., zglo ,+ s Bf traFucnir;o co. /3 f>/uLs . Ptl 1jt. 9 P043- r/I iV 5�°��" '� lss,�7 5z - iN A/ S> o ,2 ! TH ,71 .Sd N G 7`p C/ �� p i s/ S ° /4 �, ��ti �. c �` .�� `/ f' yr/ f1�C�' S7- 7 t�Yri7 �'�Nf✓ �is7"' ��� yy 7ra�� .fi to a certificate from the City in recordable form acknowledging discharge of Owner's obligations hereunder. This agreement shall run with the C? ty's eater system and shall be binding upon any successor: of" City in the ownership or operation of City',,:; crater system. 6. Effective date: This agreement shall becor,;e binding and effective between the parties upon its approval and execution by the City. DATED: _ _ - --------_-._.-._._---- - °nature of Ocrrie - CITY OF REDL ANDS ATTEST: STATE OF CALIFORNIA ) ss • COUNTY OF ?ut3 L�ct�Z�tL;u�v. On .-.----- 1"TQ bef ore i{iey��_' personally appeared ems, - ,�.. known to me to be the person whose name is subscribed to the within instrument, and acknowledged that 1-2-�= executed the same. (SEAL --A0,�. Notary public in ar_d for said County and State PIE to a certificate from, the City in recordable form acknowledging discharge of Owner's obligations hereunder. This agreement shall run with the City's water system and shall bebinding upon any successors of City in the ownership or operation of City's water system. 6. Effective date: This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: -.-- L-I ✓ram � gnature of Ov. e CITY OF REDLANDS ATTEST: STATE OF CALIFORNIA } ss COUNTY OF �Fsi� l.��tnurulitu, � � On i 1970 "y, before r��e�r��� ��r �{ - — �. personally appeared-z�(r__ —,,known to me to be J the person whose name is subscribed to the within instrument, and acknovA-e. ged that ' executed the same. Not7ary public in and for said County and State 5• to a certJ fi Cate from. the City in record ab-le form C3 schar1r,,e of 0.gjje7' 5 obligations hereunder. 'Yh a:irreement shi a'Z l r'11i T.'!i U I I t_ic (',it;y 4ia-filer sy:atem and Shall l;e 'bii n ?; u'_jon an;,y s=�cces �cr c;f City in the ownership or operatioz-, of Clty ° s ;-rater tem 6. f.ffectiv'e, da -e : This a-reement shall ,�econe l indin�. and effective between the pasties upon its approval anti execution by the City . DATED: r - - 1 Signature of O ,'ner CITY OF ri�DLf;i'li:S ATTEST: yJ1 STATE OF CALIF RnIA SS CvL"''i•;TY OFt� On 1%%%� '- .. a ._/— 7e, 1970; before MH personally appeared `,-�., knc;,•rn to me to be the person t�fl;ose nui&* -i=;s subscribed to the within instrument, a• i ackno.a:lec?cet� thatexecuted the same. Notary public in and for said - County and State V') Rich! MARIE frcTCALF-PJotary Public -cal, C6'4_ EXP. NOV, 4, 1970 - SAN BERNA RDINO CD, 1825 t„entone Blvd. Afcndcne, Calif. 92359. to a cer-.: Late .from the City in .1,rdab,L orm acknowledging discharge o-f Owner's obligations hereunder, This agreement shall run with the City's water system and shall be binding upon any successors of City in the ownership or operation of City's water system. - 6. Effective date: This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: -_.- -- Signatu & of Owner i{ CITY OF REDLANDS y 4L ATTEST: i STATE OF CALIFORM COUNTY OFI On personally appe ss z 1970 . efore me:e kown to me to be a the personSwhose nar'ne=>a-'subscribed to tl,Wwithin instrument, and acknowledged that �- executed the same. ( SEAL) ................. U:7F:C=aL Notary public in and for said County and State o , , J.L„- 1 t - C l F ` /......'::'. :.:...,.,< ,.,. _..... 5 W4 IN et-ggr ! i j l� N 26, ?- !=i l -1 N 7� . M I'v -zO 3 ": 114 N b / DEG 17 M/, 731- .0 14 . #- iT i rN —5 :3 :3 0' j ANN'' MAR1E METCALF-Notary Public -Cal /: 7- 70 Fb 13 COM. FXP. NOV. 4, 1970 . SAES BERNARDINO Co, IM Mentone Blvd. Mentone, Calif. 92359 to a certificate from the City in recordable form acknowledging discharge of Owner's obligations hereunder. This agreement shall z run with the Cit 's water system and shall be binding upon any successors of City in the ownership or operation of City's_water system. b. Effective elate: This agreement shall become binding: and effective between the parties upon its approval and execution by the City. DATED: Signature of Owner � CITY OF REDLANDS ATTEST: 6 STATE OF CALIFORNIA ) ss COUNTY OF San Beardino ) 4 _ ____ r_ n._.._.�. )vei7n C, I reland On ._ ._April _2__ 1970, before Ire a Notary Public----- personally appeared J. Dale Gento -----__-, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. (SEAL) _ -- ._ Notary T�i^ublic in aii for said r EVELYN C. IRELAND County and State tom{ NOTARY PUBLIC COUpfTY SAN BERNARDINO r.1 Y 1 1 CALIFORNIA ? � MY Comcnsss!on Expires Aprif 17, 1073 5. to a certificate frcm the City in recordable fora acknowledging l iischarge of Owner's obliCa,tions hereunder. This agreement shall run with the City's water system and shall be binding upon 4any successors of City in the ownership or operation of Cit,y's water system. 6. Lffectin date: This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED. Sid aturE of Ovin r CITY OF RFDLANDS By ATTEST: U STATE OF CALIFORNIA } } ss COUNTY OF San Bernardino } On 1970, before rye the undersigned personally appeared .-•-W.--RAGER-&--MARGARE-T �:-HAGERknown to me to be are the persons :hose names alb subscribed to the within instrument, and acknowledged that _theme -- executed the same. (SEAL VERA L NICHot$ �. Non 7 . �/ NOTARY PU iC �3 ;-Ail N�RNARD!PO COUi�FY , CALIFORNIA W2 Notary public -in and for "said - County and State 5. • b e ,may' to a certificate from the City in recordable form acknowledging d- scharge of M-.lner's ot,liL,at ons hereunder. This agreement small , run with t"-e City's water sy:;;;e,;: and shall be binding upon zany S , succesvors of Cite in the o-:rnerah-Jp or ouerata_on of City's water systeL--i. 6. Effective date : 'ihis a�-reeii ent' shall become binding and effective between the parties upon its approval and execution by the City. DATED - �/-- / .v --- ----- -----_I-er _.____--.-------- Signal of Owner CITY OF REDLANDS n By ATTEST: STATE OF CALIFORNIA ) ) s s _. COUNTY OF San Bernardino ) On - --- - - -- - —_April 9 __.__, 1970, before me theundersigned personally appeared �_�1�tagQr�Ma�gare�.I�.-I3agerkz�o�m to me to be are the personswhose names14 subscribed to the within instrument, and acknowledged that they executed the same. VERA L. NICHOLS sr _ , .; • r=: NOTARY FU31C (SEAL) SAN BERNARDIi-!O COUNTY r= CALIFORNIA Illy Commission Expires Oct. 7, 1972 ivot-iwry� public in anti for said County and State . b s I S to a certificate from the City in recordable form acknowledging dischar-e of Oviner's obliCations hereunder. This agreement shall run with the Ci.ty's water system and shall be binding upon "Any successors of Lit;r in the ownership or operation of City's water sys, 6. Effective date: This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: a��t �, f970 Signature of Owner aru� I ff 291 / jr � 0( } CITY OF R}EDLA14DS YA11LP! .�f <I try ! 16 I1 3 1 Q S /] S4:tt 3 er A c(r 4 NO ((ft kf, y__J4ATTEST:- STATE OF Off' CALIFORNIA ) ) ss COUN-TY Or San Bernardino } Or, April 1_0, - ; , 1970, before me Netary Public Rene`.- Franc= n - personally an"eared Mariette Francillonknown to Fie to be the persons whose namEPis subscribed to the within instrument, and acknowledged that they executed the same. i,,oy public, n and for saa County ��a�d State Dorothy A. Stanley % 1 -= - �;1y Co i�issioa &, zs 1 aV71 ❑OROTHYa"A. STANLEv rTcs kill { -t Z ,1 NOTARY PUBLIC ! TN+ SAN BERNARDINO COUNTY � �; �� CALIFO�iNiA 5. to a certificate from the City in recordable form acknowledging discharge of Owner19 otligations hereunder. This agreement shall run with the City's water system and .shall be binding upon any successors of City in the ownership or operation of City's water system. b. Effective date: This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: Signal e of � Owner -_ CITY OF RE,DLANDS ATTEST: STATE OF CALIFORNIA ) } ss COUNTY OF Or.�. - �S 1970, before meY-l.•L personally appeared �� `�r� s• ���-���� known to me to be, the person ;Those name is subscribed to the within instrument, and acknowledEed that :-- executed the same. (SEAL)__._- _•- _-� P�otary -puoli in and for said County and State OFFICIAL SEAL !AS ANCUE3 CC:?PJ'i y i MY AmmInn Ex,,^_:r s a, g tr,73 12 a to a certificate from the City in recordable form a.cl:t10led,ino, discharge of Owner's obl_o tions hereunder. This agriement shall run with the City `S w ter system and shall be binding upon any successors of City in the ownership or operation of C ity's grater system,. 6. Effective date; This agreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: gnature of Oviner CITY OF Fes'' DLAND S ATTEST: STATE OF CALIFORNIA ss COUNTY OF Lo:; A� �/ On ...d� i�_1 _ s. 1970, before rye 8.rar -F� J<r-a h5— personally appeared �� S. s%,�iL� known to me to be, the person whose name is subscribed to the within instrument, and acknowledged that �_�- executed the same. (SEAL) OFFICIAL .S3-AL <, LOS AKGMT3 CaUMN A1y Commission Ex; :res i3^_c. 9, 1973 voiary pubic In-c£or said _--- County and State 5. to a certificate from the City in recordable form acknowledging discharge of Owners oblications hereunder. This agreement shall run with the City's water system and shall be binding upon any successors of City in the ownership or operation of City's water system. 6. Effective date: This aEreement shall become binding and effective between the parties upon its approval and execution by the City. DATED: ATTEST: STATE OF CALIFORNIA I C_ -� Signature of Owner CITY OF REDLANDS 7 ss ' COUNTY OF -L L�5 'elf �S On - ��' ,�7 1970> before me Shin��ICrC��9s----' personally appeared u jo ;hold gknown to me to be , the person whose name is subscribed to the within instrument, and acknowledged that hly _ executed the same, ( SEAL) == ` OFFiCIAL.. SEAL � � y ME E. fS A.,-iS �j�:its, '-j}� I,OTAni' i'L'v:.LC CnL:. ORiIIA Cam'. M1:P L.OS ANCCL23 COJFIiY My Commission Ex-i:c; Dec. 9, 1973 ovary publ' - in a!'Lnci70 said-'____. County and State 5